Abstract:
The present article aims to overcome the criticisms made by Robert Nozick and Michael Sandel of John Rawls’ theory of justice, specifically with regard to the need for considering historical and practical aspects in the formulation of principles in the original position. We first analyze the philosophical currents of liberalism, libertarianism, and communitarianism, in order to lay the foundations necessary for the development of the study. Next, Rawls’ theory of justice is presented, followed by the critique made by the libertarian Robert Nozick of the need to consider the historical principle. Nozick proves, through the example of the American basketball player Wilt Chamberlain, how historical aspects can alter structures that are pre-established by theories of final state. Michael Sandel’s observations are then analyzed, especially with regard to methodological individualism. Sandel draws attention to the fact that to ensure the effectiveness of principles, individuals need to draw on their experience and on the particularities of the community and its members. Finally, a proposal is made for overcoming the criticisms directed at Rawls; this is achieved by relativizing the abstraction of the original position.
Keywords:
Liberalism; Libertarianism; Communitarianism; Original position; Principle of difference